Sony v. Hotz: mismatched serial numbers and sealed manuals

In the latest series of filings, the lawyer for accused PS3 hacker George Hotz …

The case of Sony Computer Entertainment LLC vs. George Hotz et al is the gift that keeps on giving when it comes to bizarre filings and odd claims. Hotz's attorneys claim that he couldn't have known that Sony Computer Entertainment of America existed, since the manuals for his new PlayStation 3 remained sealed and the box only mentions Japan.

The documents also address that pesky PlayStation Network account that Sony claims Hotz created, and it may prove hard to find out who that account actually belonged to, especially when both Sony and Hotz are claiming the system in question has a different serial number.

First, let's talk about that PSN account

If Sony can convince the court that George Hotz signed up for a PlayStation Network account, it may be able to show that the Terms of Service for that account gives them the right to try the case in California. The problem is Sony's evidence is circumstantial, and seems to be easy to refute.

Sony first claimed that Hotz has a PSN account under the name "Geo1Hotz," despite the fact the account had no information that linked it to Hotz. The entirety of the evidence seemed to be that the names were similar. Sony appears to have ditched that argument.

"Now, SCEA claims that Mr. Hotz must have created a PSN account for the name 'blickmaniac' because the serial number of one of the four Playstation Computers that Mr. Hotz purchased—including 3 Playstation Computers that were purchased used—was used to register a PSN account," the filing stated. Except that serial number is problematic, as Sony claimed the serial number is "CG221368477-CECH-4489."

Hotz' attorney took a picture of the PlayStation 3 Slim Hotz purchased new, and included it as an exhibit. Let's see if anything jumps out at you:

Notice anything?

Hotz' counsel also included a comment from his blog with another individual claiming responsibility for the account. "Guys, this is all a misunderstanding. That console that Sony talks about is mine and the PSN account was created by me!!! See, I live next door to George Hotz and we've always been good friends," the individual explained. "At the time I bought the console, I was waiting to be connected to the internet by my ISP so I asked Hotz if I could use his for a while. Good neighbors, that's all." He also added a very nice message telling Sony to "suck this," with the "S" in Sony replaced by a dollar sign. A fine rhetorical trick, often utilized in the comments to many compelling news stories.

So what evidence does Sony have that the serial number it has is the right one? The documents only stated that the serial number belonged to George Hotz, and then the attorney explained that the system in question was purchased at a GameStop near Hotz' residence, and the account was set up via an IP address that likewise is located near Hotz. So far no one has offered a receipt from either Hotz or the store proving that Hotz bought the system on a specific day, which would confirm the serial number.

The PlayStation Network account has multiple fields for identification that need to be filled out, and Sony has yet to share what those fields said exactly, only that the account's tag was also used by a person who posted on an Internet forum about a cell phone being unlocked, and that the system was purchased near Hotz's residence. These new filings show that the serial number claim may be incorrect, and it's not inconceivable that someone else could have used Hotz's Internet connection to create an account.

The box, and the manuals, are important for jurisdiction

The fact that Hotz kept his system and the box it came in may prove important, as his lawyer took multiple pictures of the packaging—including the unopened manuals—as proof that Hotz had no idea that he was dealing with a California-based entity.

"When one purchases a Playstation Computer and looks at its outer box, it has plastered on numerous places that it is a product of Sony Japan and all rights belong to Sony Japan. It only references Sony Japan—not SCEA.," the document explained. "When one takes the Playstation Computer out of its box and inspects it, it states it is a product of Sony Japan and all rights belong to Sony Japan. It does not reference California. When one installs the Playstation Computer firmware update that Mr. Hotz allegedly circumvented, which can legally be obtained through the internet as Mr. Hotz did, upon installation, it only refers to Sony Japan."

In another document, Hotz has declared, under penalty of perjury, that he was unaware of the existence of SCEA, and of the company's location in California. Hotz claims that the used systems in his possession either didn't come with instruction manuals, or he threw them out without looking for them. "The reason I kept the slim box (for the PlayStation I purchased new) was because it was pretty," he claimed.

Hotz' lawyer included images of the sealed manuals and the Sony Computer Entertainment logos in a number of exhibits. There is no mention of SCEA or California.

In a somewhat more amusing note, Sony listed as evidence a guide to "hacking" your PlayStation 3, but that exhibit was placed under seal, for the obvious reasons. Since we can't look at the guide ourselves, we have to take Sony's word for it, and Hotz' counsel argues that only two steps of the process reference programs or data created or released by Hotz. It was also pointed out that the exhibit "implies that Mr. Hotz's code in and of itself allows for playing pirated games," when Hotz's work was only a part of the subsequent hacks released for the system.

This are just the arguments for and against jurisdiction. We can't wait until the actual case begins.

So what does Sony have to prove?

Hotz is slamming Sony's arguments at every turn. Sony claims there is a PSN account that Hotz created? Well, the serial number is wrong and anyone could have made that account. The manuals contained information on how SCEA is located in California? The manuals were never opened. And the existence of a man named Bob Blick, who seems to have fun tinkering with hardware, was also used in an exhibit to show just how circumstantial the "blickmaniac" tag is as evidence.

Without something more solid to link Hotz to the PSN account created by the system with the serial number, Sony may have an uphill fight on the jurisdiction question. If Hotz filled out the fields needed to open a PSN account with his own name, Sony would have said so. If they had a copy of a GameStop receipt tying that serial number to Hotz, the company would have included it with the rest of the evidence.

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